REFUNDS OF NYC TRANSFER TAX ON TRANSFER OF MULTIPLE UNITS

NYC Lawyers for Real Property Transfer Tax Refunds

Our attorneys have a stellar track record obtaining refunds of the NYC Real Property Transfer Tax (RPTT) and the Mortgage Recording Tax (MRT) on behalf of our clients.

RPTT is imposed by New York City on every conveyance of real property in addition to the New York State transfer tax (with MRT imposed if the transaction involves a mortgage).

The MRT and RPTT rates vary depending on the amount and the type of property transferred. However, both provide for higher rates if more than one unit is conveyed from a single grantor to a single grantee. Such transactions are known as “bulk sales”.

Many buyers and sellers don’t realize that they might be eligible for a lower rate, and thus a refund, if the units were combined into a single residence at the time of sale or were purchased with the intention to combine them in the future.

We have successfully argued before the Department of Finance why lower rates should apply and secured numerous refunds for our clients.

Dilendorf Khurayan, PLLC works with clients on obtaining a refund of the RPTT and MRT on a purely contingent basis – You only pay us if we are successful.

ATTORNEYS' EXPERIENCE

Assisted in successfully obtaining a refund of the NYC MRT in amount of $18,000 in connection with the purchase of 2 condominium units that were not physically combined at the time of sale or at the time of application for refund

Assisted in successfully obtaining a refund of the NYC Real Property Transfer Tax in the amount of $37,000 on behalf of the buyer who paid part of the transfer tax when buying two sponsor units in Williamsburg, NYC

Assisted in successfully obtaining a refund of the NYC Real Property Transfer Tax in the amount of $76,000 in connection with the sale of combined units in Midtown, NYC

New York City Real Property Transfer Tax (RPTT) and Mortgage Recording Tax (MRT)

The RPTT and the MRT rates depend on the amount of purchase price and on the type of property transferred

RPTT RATES

Imposed on transfer of residential condominium or cooperative units valued at $25,000 or more

Residential property transfers are taxed as follows:– 1% if the value is $500K or less– 1.425% if the value is over $500K

All other transfers, including transfer of two or more units involve a “bulk rate” of 2.625%

“Bulk rate” applies even if each unit is conveyed by a separate deed

Paid as part of closing costs at the sale or transfer of property

Usually paid by the seller unless otherwise negotiated (in a new construction, often paid by the buyer)

MRT RATES

Imposed on mortgages recorded on property in the five boroughs: Queens, Brooklyn, Manhattan, Bronx and Staten Island

Mortgages in the amount of less than $500K are taxed at the rate of 2.05%, whether individual or bulk

Once the amount of mortgage exceeds $500K, the MRT rate differs depending on the type of property transferred:– individual unit – NYC Department of Finance applies a rate of 2.175%– more than one unit– the NYC Department of Finance applies a higher rate of 2.8%

How Buyers and Sellers are Eligible for a Refund of RPTT and MRT

Normally, the NYC Department of Finance subjects bulk sales of residential property to the RPTT and MRT commercial rates. However, the Department of Finance will apply the lower residential rates to bulk sales if an argument is properly made that the units were combined or intended for use as one residence.

To determine whether the residential rates should have applied, the NYC Department considers the “facts and circumstances” of each transaction:

“The department will examine all of the applicable facts and circumstances in determining whether two or more apartments or units have been physically combined. The issuance of a revised certificate of occupancy, a letter of completion from the Buildings Department or a revised tax lot designation reflecting the joining of two or more apartments or units will be acceptable evidence of such a combination. However, the absence of any of these documents will not be determinative”

While issuance of a revised certificate of occupancy or a revised tax lot designations would be the easiest way to prove a lower rate should apply, those documents are not always obtainable. We had previously successfully obtained refunds for our clients from the NYC Department of Finance without such documentation.

Pursuant to several Letter Rulings, Finance Memorandums and decisions of the Tax Appeals Tribunal, the city is obligated to provide refund in certain cases where the units were not even physically combined at the time of sale but the buyer intended to combine them after the purchase.

Proper application for refund involves review of all pertinent documents and presentation to the NYC Department of Finance and the tax authorities of all documentation, factors and arguments weighing in favor of the lower rate.

Application for refund of the RPTT must be brought within one year of the payment of taxes.

We help our clients obtain a refund from the NYC Department of Finance on a contingency basis – You only pay us if we are successful.